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Booking

Travel Booking Conditions

General

These booking conditions will form part of your contract with Bush Baby Travel Limited (registered office Bealeswood Cottage, Bealeswood Lane, Dockenfield GU10 4HS) for all the arrangements you book with us. Please note that the conditions vary slightly dependent on whether you book a ‘package’ or ‘other holiday arrangements’. A package is a combination of transport and accommodation booked at the same time and for which full payment is made to us. Anything else, including accommodation and transport booked at separate times and not at an inclusive price, constitutes ‘other holiday arrangements’ which we make for you as a booking agent for the supplier of accommodation or transport in question. Your contract in these circumstances will be with the relevant supplier.

Booking Your Holiday

Once you have chosen your holiday please complete the booking form and send it to us with a deposit of 20% of the holiday cost (higher deposits may be required for special offers) plus insurance and other extras where applicable such as the deposit requested from the airline in case of flights.

If the holiday you have requested is available, we will send you a confirmation invoice. A binding contract will come into force between us at the time we send out our confirmation invoice, and until then we shall be under no liability to you whatsoever. Your contract with us and any matters arising from it shall be subject to English law and to the jurisdiction of the Courts of England and Wales. If you are resident in Scotland or Northern Ireland, the Courts of Scotland or Northern Ireland can deal with any disputes. If we are unable to accept your booking we shall return your deposit within 7 days.

If you have any special requests, you should inform us of such requests at the time of booking on the booking form. We will advise the relevant supplier of any such requests but we cannot guarantee that they will be met. Furthermore, we have no liability to you if such requests are not met.

You may pay for your holiday by cheque, debit or credit card. Please note credit card payments will incur a charge of 1.9%. You must pay the balance of the cost of your holiday as set out on our confirmation invoice not later than ten weeks before your departure date. We will not send out any reminders in relation to payment. If you book your holiday less than ten weeks before your proposed departure date the full price of your holiday (including any extras) must be paid at the time of booking. Failure to pay the balance by the specified time will result in the cancellation of your holiday, and we will then charge you the relevant cancellation charge as set out in Clause 2 below.

AMENDMENTS & CANCELLATION

Amendments by you: If you wish to make any change to your holiday arrangements, we will do our best to accommodate you. Any change is subject to availability, and also to payment of an administration fee of £50 per person and any associated costs of the change imposed by our suppliers. You should note that airlines in particular may treat a change to a booking as a cancellation and new booking, and therefore charge a 100% cancellation fee. You may also transfer you booking up to 30 days before departure to another person if you are unavoidably prevented from travelling, and the transferee meets any conditions which may apply to the booking. The right to transfer is subject to payment of an administration fee of £50 per person, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of the holiday.

Cancellation by you: Should you wish to cancel your holiday, you may do so by writing to us, but no cancellation will be effective until such written notice is received by us. Written notice will include notice by letter or facsimile. If you cancel, you will be liable to pay the following cancellation charges, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of the holiday:

Period before departure date in which cancellation made – Charge

More than 60 days – Deposit
0-60 days inclusive – 100% of holiday price

Amendments/Cancellation by the Company:

“Packages”
We reserve the right to make changes to your holiday arrangements after we have confirmed your booking. Any change we make to your holiday will be either major or minor. A major change includes a change of UK departure airport (not including between airports in London), a change of flight time by more than 12 hours, or a change to a lower category of accommodation. Any other change is a minor change. If there is a minor change, we will do our best to notify you of this, but we are not under any obligation to do so or to pay you compensation. If there is a major change, we will advise you as soon as is reasonably possible. You will then have the choice of accepting the change, taking an alternative holiday (and where this is of a lower price, we will refund the difference, but where it is of a higher price, you must pay the difference), or withdrawing from the contract and accepting a full refund of all monies paid, excluding any insurance premiums or amendment charges. In addition, in appropriate cases, (on the assumption that the full balance has been paid) we will pay you compensation on the scale shown below. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure (as defined below).

If we have to cancel your holiday before the date of departure, you will have the choice of taking an alternative holiday (and where this is of a lower price we will refund the difference, but where this is of a higher price, you must pay the difference) or withdrawing from the contract and accepting a full refund of all monies paid, excluding any insurance premiums or amendment charges. In addition, on the assumption that the full balance has been paid) and where such cancellation is not due to force majeure (as defined below), we will pay you compensation on the scale shown below.
Period before departure date within which major change/cancellation is notified Cancellation per person

Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, examples of which are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers or other similar events beyond our control.

In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you to continue your holiday at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason, we will provide you with transport back to your point of departure. In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. Compensation will not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure (as defined above)

“Other holiday arrangements” : In the unlikely event that the relevant supplier has to make any change to other holiday arrangements, we will try to tell you before you go, although the relevant supplier is not obliged to do so, nor are we obliged to compensate you. If we are obliged to cancel your booking for other holiday arrangements we will try to ensure that you receive a full and prompt refund.

PRICE VARIATION
“Packages”: In the unlikely event that the relevant supplier has to make any change to other holiday arrangements, we will try to tell you before you go, although the relevant supplier is not obliged to do so, nor are we obliged to compensate you. If we are obliged to cancel your booking for other holiday arrangements we will try to ensure that you receive a full and prompt refund.
“Other holiday arrangements”: The suppliers of other arrangements may impose surcharges and these will be passed on to the client in full.

RESPONSIBILITIES OF THE COMPANY
“Packages”:
Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.

For claims which do not involve death or personal injury, we accept, and will only have, liability, subject to paragraphs (iv) and (v) below, should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you compensation. The maximum amount of compensation which we will pay you in any circumstance will be a refund of your holiday cost (excluding any amendment charges or insurance premiums), a refund of any directly attributable expenses, and a daily sum of £48 per person. We will use the maximum sum to assess the appropriate sum due to you in the circumstances of your particular complaint. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to you as compensation by us.

For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept, and will only have, liability subject to paragraphs (iv) and (v) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (i) above. If we have liability, we will, subject to paragraphs (v) and (vi) below, pay you reasonable compensation.

We have liability in accordance with paragraphs (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.

If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. If your baggage is lost, damaged or destroyed in any circumstance not subject to an international convention the maximum amount of compensation we will pay you will be £500. This sum will be assessed with reference particularly to your loss and the extent to which this has required you to purchase replacements

If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to a sum of £100.

You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible.

Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.

“Other holiday arrangements”
Because we only act as a booking agent we have no liability whatsoever for any aspect of the arrangements and, in particular, have no liability for any death, personal injury or loss of whatever nature you may suffer.

YOUR RESPONSIBILITIES
Passport and visa requirements and health requirements and formalities for the destinations featured, and which are current at the time can be found on our website at

http://bushbaby.travel/planning/practicalities, but it is your responsibility to make the necessary applications and to comply with any regulations governing entry to your chosen country. If you do not obtain a visa, where this is required, or your passport or any other travel documentation is not in order and you are unable to travel as a result, you will be liable to pay the cancellation charges set out in clause 3. Furthermore, we will not accept any responsibility or refund any money in cases where you are unable to travel because of an invalid or mislaid visa or passport. Non British [EU] citizens should check with their embassy or consulate to obtain details of the relevant requirements.

We reserve the right in our absolute discretion to terminate your holiday if your behaviour is likely, in our opinion or that of our employees or suppliers, to cause distress, damage, annoyance or danger to our employees or to any third party, or their property. If you are prevented from travelling on an aeroplane because in the opinion of any person in authority at the airport, you appear for whatever reason unfit to travel, we have no further responsibility for your journey or your holiday, including any return flight. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements.

AIRLINES AND OTHER SUPPLIERS
Airlines, railways, coach and shipping companies and other suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant transport provider or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions. Where relevant, copies of such conditions may be available for inspection at our offices, or at the offices of the relevant supplier

We have no control over the time flights and other transport departs and therefore cannot guarantee that flights or any other transport will depart at the time specified. In the event of any delay, we are under no liability to you whatsoever to provide appropriate meals etc. Although we will use our best endeavours to arrange for the air carrier or other transport provider to do so, we will not make any such provision.

EXCURSIONS
Please note that we do not provide excursions. Our local representatives may, at your request, make arrangements for excursions locally on your behalf. However, please note that if they do, the contract for the provision of the excursion will be between you and the supplier of the excursion and not between you and us. Therefore, when you purchase an excursion locally, whether or not through our representative, your contract is with the local company and we have no liability whatsoever for anything which may go wrong on the excursion.

BROCHURE ACCURACY
We reserve the right to change any of the prices, services or other particulars contained in our website and brochure at any time before we enter into a contract with you. If there is any change, we will notify you before we enter into such contract.

INSURANCE
You are required to arrange a comprehensive policy yourself and provide these details at time of bookings.

FINANCIAL PROTECTION
We are licensed by the Civil Aviation Authority and hold ATOL number 9655. This ensures that in the event of our failure your money will be protected; if you are on holiday at the time, arrangements will be made for you to complete your holiday and return home. For further information visit www.atol.org.uk.

IF YOU HAVE A PROBLEM
If you are in any way dissatisfied with any aspect of your holiday, you must notify our local representative or supplier as soon as possible. The reason that we require you to do this is to give us and our suppliers an opportunity to resolve any problems before they spoil your holiday. If you are ill whilst on holiday, you must, in addition to reporting your illness to our representative, consult a local doctor and also consult your GP on return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw, and your GP, together with written authority for us to obtain a medical report from both those doctors. If you think that you are entitled to compensation from us, you must write to us at Bealeswood Cottage, Bealeswood Lane, Dockenfield, Surrey GU10 4HS outlining the nature of the complaint within 90 days of your return from holiday. Failure to follow this procedure may reduce or extinguish any rights you may have to make a claim against either us or any relevant supplier.

Any dispute arising out of, or in connection with, the sale of a holiday from us, which is not amicably settled, may be referred to arbitration under the Travel Industry Arbitration Service’s special scheme. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability to the client in respect of costs. The scheme does not apply to claims for an amount greater than £1,500 per person or £7,500 per booking form or to claims that are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. Details of the scheme will be supplied on request.

DATA PROTECTION
We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers that might be located outside the UK and/or EU, to enable the operation of the services requested by you. If you make special requests, which include, but are not limited to, special dietary, religious, or disability related requirements which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services requested by you.